Before registration of a company name
Section 22(6) (a) of the Act provides that the applicant of a company whether for a Malaysian or a foreign company, shall apply in the prescribed form to the Registrar for a search as to the availability of the proposed name of the intended company and for reservation of that name, if available.
Section 22(7) of the Act states that if the Registrar is satisfied as to the bona fides of the application and that the proposed name is a name by which the intended company, a company whether Malaysian or foreign could be registered without contravention of subsection (1), he shall reserve the proposed name for a period of three months from the date of the lodging of the application.
The Act states that during the period for which a name is reserved, no company or foreign company (other than the intended company, company or foreign in respect of which the name is reserved) shall be registered under this Act, whether originally or a change of name, under the reserved name or under any other name that, in the opinion of the Registrar, so closely resembles the reserved name as to be likely to be mistaken for that name.
The Act provides that the reservation of a name under this section in respect of an intended company, company or foreign does not in itself entitle the intended company, a company or foreign to be registered by that name, either originally or on change of name.